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Terms of Conditions

Lupton Fawcett Denison Till website disclaimer, terms of use, terms and conditions


Disclaimer

Please note that this website contains general information and does not constitute advice on any specific matter. Whilst Lupton Fawcett LLP endeavours to ensure that the content on the website is accurate and up to date, nothing on the website should be construed or regarded as legal advice. By using this website you confirm that you have not relied on any such content.

Terms of Use

Use of this website and documents available through it is subject to the following terms. Your continued use of this website indicates your acceptance of these terms. For any further information about this website, please send an email to law@lf-dt.com, or write to us at our postal address :

Lupton Fawcett Denison Till
Yorkshire House
East Parade
Leeds LS1 5BD

This website gives general information on Lupton Fawcett Denison Till (registered number OC316270) and its services. You should not rely on any information contained in this website as if it were legal/professional advice. If you require advice on a legal problem, please contact the relevant contact listed on this website, or ring our switchboard on 0113 280 2000, or send an email to law@lf-dt.com.

While we make every effort to keep the information on this website up to date, we cannot guarantee that it will be at all times.

We exclude to the fullest extent permitted by law all liability for loss or damage howsoever arising out of use of this website or reliance upon its contents. This does not include an exclusion of liability for death or personal injury arising from our negligence, or for loss or damage arising from fraud, nor does this affect your statutory rights.

Please be aware that our site may link to other websites which may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked web sites.

Use of this website is subject to English law and the jurisdiction of the English courts.

Terms & Conditions

1 Introduction

1.1 This document contains the standard Terms of Business of Lupton Fawcett LLP and should be read in conjunction with the accompanying letter which gives information about who will be working for you, the scope of the work to be carried out and the basis of our fees. Where the terms set out in the letter differ from these standard Terms of Business, the terms of the letter will apply. If any aspect is not clear, please contact the person dealing with your work.

2 Our Aims

2.1 We are committed to providing all our clients with an efficient and effective service. In order to achieve this we believe that it is important to agree in advance the nature of our relationship with you. Please familiarise yourself with these Terms of Business before continuing to instruct us to avoid any misunderstandings in the future.

3 Professional Rules and Practice Guidelines

3.1 We will observe all of the standards and requirements set out in the Solicitors Regulation Authority (SRA) Handbook and we accept instructions to act for you on that basis.

4 Our Responsibilities

4.1 During our retainer, we will:

4.1.1 Review your matter regularly.

4.1.2 Advise you of any changes in the law.

4.1.3 Advise you of any circumstances and risks of which we are aware or consider to be reasonably foreseeable that could affect the outcome of your matter.

5 Your Responsibilities - Provision of Information By You

5.1 To enable us to carry out our work it is necessary that:

5.1.1 You make all payments due to us on time.

5.1.2 You provide full and accurate information necessary for dealing with your work. Where appropriate we may approach such third parties you approve for additional information or documents. We will rely on the information and documents being true, correct and complete and will not audit the information or those documents.

5.1.3 As and when requested you provide instructions to us in a timely and clear manner from time to time during the course of your work.

5.1.4 You keep us informed about significant changes in your circumstances.

5.1.5 You will safeguard any document likely to be required for disclosure in litigation matters.

6 Service Levels

6.1 At the outset of each matter, we will discuss with you what is to be achieved and what is necessary to achieve it. Any material developments during the course of the matter, delays, or possible deviations from your instructions will always be reported to you, but we will be guided by you as to the extent and detail to which you wish us to report. Lupton Fawcett LLP will not accept any liability arising from your failure to reply completely and accurately to any request for information or confirmation of instructions.

6.2 Our normal business hours are 9am - 5pm Monday to Friday, but should you have specific requirements for assistance outside those hours, we can make arrangements on a matter by matter basis

7 Personnel

7.1 Your relationship with us in connection with the work to which these Terms of Business relate is with Lupton Fawcett LLP and not with an individual person.

7.2 In our view, a close relationship with clients is essential to achieving our aims and to this end a specific director will always be assigned with overall responsibility for your work. As individual directors specialise in different types of work, it may be that more than one director undertakes this task. In addition, in order to obtain the benefit of specialist skills and provide the highest quality service in the most cost effective way for you, the director responsible may assign tasks to another executive or assistant under his supervision, but will still retain overall responsibility.

7.3 We try hard to avoid changing the staff who may be dealing with your work, but if this becomes unavoidable we will promptly notify you of any changes in personnel.

8 Statement of Equality

8.1 Lupton Fawcett LLP operates a policy of equality throughout the firm and does not discriminate against any person on the grounds of sex, race, marital or civil partnership status, sexual orientation, gender reassignment, pregnancy, maternity or paternity, disability, age, religious or other beliefs. A copy of the policy operated by the firm is available on request.

9 Money Laundering

9.1 For all new clients, and for those for whom we have not acted during the last three years, we are required by the Money Laundering Regulations to obtain independent evidence of the identity and address of our clients prior to commencing a business relationship with them. To do so, we can either carry out an online search for which we require your full name, address, and date of birth. Alternatively, we will need to see your passport or photo driving licence and an original utility bill issued in the last three months showing your name and private address. In the case of a corporate client we also need to see the original certificate of incorporation and proof that you are an officer or shareholder with authority to give instructions on behalf of the business.

9.2 Our contract with you for the provision of legal services is conditional upon successful completion of our money laundering and risk management procedures.

9.3 We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the National Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.

9.4 If you have any concerns as to the regularity of your financial affairs we would strongly recommend that you seek appropriate professional advice.

10 Estimates

10.1 We will wherever possible provide estimates of fees and expenses, but these are usually subject to variation in light of individual circumstances that may arise as the matter proceeds. We have no control over many of these circumstances, particularly in matters involving litigation. An estimate cannot, therefore, be regarded as a quotation or fixed cost commitment. You may, if you wish, agree a fees limit with us, and this will not be exceeded without further reference to you.

11 Fees

11.1 If we have agreed a specific basis of charging, this will, of course, be adhered to.

11.2 We aim to charge a fair fee in all the circumstances. Because each individual matter presents its own unique characteristics, our fee may be adjusted upwards or downwards to take account of factors such as the complexity, importance or value of the matter, its urgency or its novelty.

11.3 Our fees are generally based on the amount of time spent by the personnel engaged on your matter. Each member of our staff has an hourly rate which forms the basis of such fees. These rates are normally reviewed annually. We will notify you in writing of any increase in our hourly rates. Time is recorded by reference to activities undertaken, on the basis of six-minute units (or multiples thereof). On request, we will supply you with a breakdown of time spent with each bill.

11.4 We will not charge you for routine postage, photocopying, telephone call or fax charges. However, we will charge for foreign and conference telephone, fax and video calls, colour and bulk photocopying (more than 50 sheets at any one time). VAT will be chargeable on these expenses.

11.5 We will also charge you for other fees and expenses which we incur on your behalf, e.g. court fees, search fees, Land Registry fees, counsels' and experts' fees, travel expenses etc. These are known as disbursements. We will normally ask you to pay these to us before we incur them, or we will use any funds we are holding for you on account of costs to pay them. We will not incur large or unusual disbursements without your agreement.

11.6 Except in the case of certain specific disbursements, our fees will be rendered and are payable in pounds sterling. If you wish to pay by any other currency this must be by way of special arrangement with our cashiers' department. If we receive payment in any currency other than pounds sterling we will convert such currency at the exchange rate applicable by The Royal Bank of Scotland plc on the date payment is received; any shortfall on conversion and the costs of conversion to or from pounds sterling are payable by you in addition to the amount of our fees or disbursements.

11.7 It is possible that you may be entitled to funding to cover your legal fees in respect of this matter. We strongly recommend that you enquire of your insurers, brokers, employers, membership organisation or trade union (as appropriate) to identify if cover is available.

12 Payment of Costs

12.1 You will normally be billed monthly on an interim basis with a final bill rendered at the completion of your matter.

12.2 It is our normal practice to ask clients to make payments on account of anticipated costs. If this is the case, it is essential for you to meet requests for payment promptly. Money paid in advance will be paid into our clients' account and will then be applied to pay disbursements as they are incurred and our bills when they are delivered. Once the amount paid on account has been used, we will ask you to pay a further sum on account of costs.

12.3 We require to be put in funds before any disbursements are incurred by the firm.

12.4 Settlement of our bills is due on presentation and we reserve the right to charge interest at a rate equal to 4% over the base lending rate from time to time of The Royal Bank of Scotland plc on bills (or any unpaid parts thereof) which are one month or more overdue. Interest will be chargeable on a daily basis.

12.5 We reserve the right to discontinue work on all your current matters if any bill is not settled promptly. This will occur at 45 days unless an alternative arrangement has been agreed in writing.

12.6 In litigation cases, we also reserve the right to apply to come off the Court record as acting for you. This will incur a cost which will be recoverable from you in addition to all other unpaid sums due.

12.7 We can offer the facility of credit/debit card payments as a method for you to settle your bills. The facility does attract a 1.6% extra charge for credit cards and a variable transaction fee for debit/switch cards.

12.8 We reserve the right to offset unpaid bills and disbursements against any monies received on your behalf. You will be notified in such an event.

12.9 On matters where a third party has agreed to pay your legal costs, these still remain your responsibility should the third party fail for any reason to settle the account within our payment terms.

13 Financial Arrangements

13.1 Our practice's policy is not to accept cash, unless by express agreement, and then only up to the equivalent of €15,000.00.

13.2 If you try to avoid this policy by depositing cash directly with our bank, we may decide to charge you for any additional checks we decide are necessary to prove the source of the funds.

13.3 Where we have to pay money to you, it will be paid by cheque or bank transfer. It will not be paid in cash or to a third party.

14 File Audits

14.1 We are a quality driven law practice. In order to verify that our quality standards are being consistently applied to all files it is necessary from time to time to conduct internal and external file audits. Files are selected for inspection at random. We, therefore, reserve the right, if your file is selected for audit, to make your file available for independent inspection. No copies of or notes from your file will be permitted to be taken without your specific consent and, prior to inspection, an external auditor will be required to sign an agreement to maintain confidentiality. In addition we reserve the right to disclose our files to regulatory bodies in the exercise of their powers.

15 E-mail Communications

15.1 We regularly communicate by e-mail. This may include correspondence, documents or other information. Presently this is not encrypted before it is sent. It is possible that confidential information is sent in this format which, therefore, may be intercepted intentionally or by accident and read by a third party. If you do not wish us to send confidential information by e-mail please advise us accordingly in writing.

16 Storage and Retention of Papers, Deeds, Wills, Files and Other Documents

16.1 We offer a free storage facility for clients' papers, deeds, wills, files and other documents. We will store your will and deeds until such time as you request their return. We do not make a charge for this service, but we cannot accept responsibility for the loss of, or damage to, any item which we hold, except by prior arrangement.

16.2 Normally there is no charge for the retrieval of any documents from our archives but there may be circumstances where significant time is spent or cost incurred producing papers at your request, reading correspondence or complying with your instructions. In these cases we reserve the right to make a charge based on the time spent and costs incurred.

16.3 If there are outstanding monies owed to the firm by you whether in respect of fees, disbursements or other charges, we reserve the right to keep your papers, deeds, wills, files or other documents until all outstanding payments have been discharged This is known as a right of lien.

16.4 Unless you indicate to the contrary in writing prior to the appropriate time, we will only hold your file in relation to any particular matter (including any associated papers or documents) for a period of six (6) years after we have archived it. After that time it will be destroyed confidentially at no expense to you. For the purposes of clarification, this policy does not apply to original deeds or wills which will be retained until requested by you as mentioned above.

17 Commissions

17.1 If we receive a commission from a third party arising from work we are doing for you we will credit you with that commission unless you have agreed otherwise or unless the amount is less than £20.

18 Policy - Payment of Interest on Client Monies

18.1 During the course of your matter monies may be held or received on your behalf and retained in our general clients account until monies are properly required or your matter has completed. We will ensure that any monies which you may lodge with us are deposited in a UK regulated bank, and whilst we will take all reasonable steps to monitor the stability of those banks, we are not liable to you in the event of any banking failure. Accordingly if you have concerns as to the security of any monies lodged with us, please contact the Executive conducting your matter to discuss further.

18.2 In accordance with the Solicitors Accounts Rules 2011 it is our policy to account to our clients for interest on a fair and reasonable basis.

18.3 Interest on general clients account:

18.3.1 We will endeavour to ensure that the Interest rates earned will be no less than those received on the "instant access savings account" with The Royal Bank of Scotland Plc if opened by an individual.

18.3.2 Interest will be calculated on client monies over the whole period for which cleared funds are held. Interest will not be paid if the sum of money held does not exceed the amount shown in the left column below for a time not exceeding the period indicated in the right column:
Amount Period
£1,000 8 Weeks
£2,000 4 Weeks
£10,000 2 Weeks
£20,000 1 Week

18.3.3 Monies will be held in an instant access account to facilitate your transaction

18.3.4 Interest will not be paid if the total interest calculated on any one matter is £20.00 or less

18.3.5 Tiered rates are in place to allow for fair and reasonable calculations to be made based on balances held. These are as follows:
value to £49,999.99
value to £99,999.99
£100,000.00 and above.

18.3.6 Interest will be paid to you without any deductions for income tax. As such it is your responsibility to inform the HMRC of the amounts of interest received from us.

18.3.7 The rate of interest paid will be governed by our principal bankers The Royal Bank of Scotland Plc. These rates will fluctuate from time to time as they are determined by the Bank of England base rate.

18.3.8 Interest will be calculated on a quarterly basis in March, June, September and December

18.3.9 It is unlikely you will receive as much interest as you might obtain if investing these funds yourself.

18.3.10 Separate consideration will be given for substantial values held for a lengthy period of time

18.4 Designated client deposit account

18.4.1 Client money may be moved from general client account to designated client deposit accounts on client request to receive a better rate of interest.

18.4.2 Designated client deposit facilities are maintained currently with the Leeds Building Society on an instant access basis, as such we account to you for all the interest earned on that account which will be paid annually in September or on closure of the account. Interest will be paid net or gross of tax depending on your tax status.

18.5 Contracting Out

18.5.1 In appropriate circumstances and by way of a written agreement, a different arrangement may be entered in to, for example, taking account of your specific tax position or religious beliefs.

19 Incidental Insurance Mediation

19.1 This firm is not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/register. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority.

19.2 This statement relates to those insurance mediation services which are incidental to our mainstream professional services.

20 Queries and Concerns

20.1 Although we make every effort to ensure that you will be completely satisfied with the service we provide, if you have any queries or concerns about our service or about any of our bills or charges please raise them with us as soon as possible.

20.2 In the case of our bills, you have a right to complain to us under our Concerns Policy. You also have the right to apply to the Court for an assessment of our bill under Part III of the Solicitors Act 1974. There are however time limits that apply to your right to have our bills assessed by the Court. You should take separate advice on any such issues.

20.3 We operate a Concerns Policy and Procedure in accordance with The Legal Ombudsman requirements; a full copy is available on request.

20.4 Please raise your queries or concerns first with the director with responsibility for your work named in the letter sent to you confirming your instructions. Your concern will be referred to the relevant Head of Division or Department in accordance with our Concerns Policy and Procedure. If you would prefer, you can take the matter up direct with the relevant Head of Division or Department named in the letter sent to you confirming your instructions.

20.5 Briefly, our Concerns Policy and Procedure operate as follows:

20.5.1 Any concern will be referred to the relevant Head of Division or Department.

20.5.2 You can expect a full written response from the relevant Head of Department within 10 working days or, if this is not possible, an explanation of why and a timescale for a response will be given.

20.5.3 If you are not satisfied with the response, then you can appeal to the Managing Director or, if appropriate, another member of the Management Board. If you do request an appeal, your request will be acknowledged by the relevant Director within two working days of our receipt of your appeal and will be dealt with within ten working days of our receipt of your appeal. If the relevant Director is unable to respond within this timescale, he/she will write to you to explain why, and to give you a timetable for a response.

20.6 If following a final appeal decision you remain dissatisfied and assuming you fulfil the requirements of the Ombudsman process, you have the right to complain to the Legal Ombudsman who can be contacted at:

PO Box 6806
Wolverhampton
WV1 9WJ

Any complaint should be made within 6 months of the date of our final appeal decision being made.

21 Terminating our Engagement

21.1 Our retainer with you will terminate automatically upon the completion of the work set out in the attached Rule 2 letter.

21.2 You have the right to terminate our engagement by notice in writing to us either by post, facsimile or e-mail at any time for any reason.

21.3 We reserve the right to terminate our engagement if there is a failure or unacceptable delay to instruct us, a material change in the circumstances or information on which our original engagement was based or for any other reason there is a breakdown in confidence between us. We will always seek to give you reasonable notice of our decision but there may be circumstances where it is reasonable for us to give no notice. As mentioned above, we also reserve the right to discontinue work on all your current matters if any bill is not settled promptly.

21.4 If for any reason we cease to act before a matter has been completed, we shall be entitled to charge for all work done up to that point plus any fees or expenses for work necessary to transfer the matter to another advisor.

21.5 As mentioned above, if there are outstanding monies owed to the firm by you whether in respect of fees, disbursements or other charges, we reserve the right to keep your papers, deeds, wills, files or other documents until all outstanding payments have been discharged.

22 Copyright

22.1 We retain the copyright and all other rights in all documents we provide to you or to any third party on your behalf. We grant you a non-exclusive licence to use such documents solely for the purpose for which we provide them to you but not further or otherwise.

23 Applicable Law and Jurisdiction

23.1 English law will apply to all services provided by us and any dispute arising out of or in connection with them and each party agrees to submit to the exclusive jurisdiction of the English courts.

24 Limitation of Liability

24.1 Unless otherwise agreed with you in writing our aggregate liability for work undertaken (based on the fees which we have estimated) for you is limited to a maximum of £3,000,000.00 in total. This limitation will not apply if a loss is due to dishonesty or wilful misconduct on the part of any director or member of our staff. If we are jointly and severally liable to you with any other party we shall only be liable to pay you the proportion which is reasonably found to be our fault. We shall not be liable to pay you the proportion which is due to the fault of another party.

25 Contractual Relationship

25.1 This agreement is made between you and the firm and takes effect from the date of the letter accompanying these Terms. In the context of these Terms "the firm" shall mean Lupton Fawcett LLP for the time being, or the partnership, limited liability partnership or other entity which may succeed it and/or carry on its practice, and to which all obligations, rights, duties and responsibilities under these Terms shall be transferred or assigned. In these Terms references to "we" and "us" shall mean the firm.

25.2 This agreement is personal to you and may not be assigned to, or held on behalf of or for the benefit of any third person, without our written consent.

25.3 For the purpose of Section 1(2) of the Contracts (Rights of Third Parties) Act 1999, it is agreed that no term of our agreement with you shall be enforceable by a third party.

26 Data Protection - How We Use Your Information

26.1 Lupton Fawcett LLP will use the information you provide primarily for the provision of legal services to you and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance. Our use of that information will be subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality. Please note that our work for you may require us to disclose information to third parties such as expert witnesses and other professional advisers. You have a right of access, under data protection legislation, to the personal data that we hold about you. We may need to check your records now or in future at a credit reference agency which may record the search and make it available to other organisations. If you have any queries as to the use of your data please refer these to our Data Protection Officer as named on our Website.

26.2 We may also from time to time use your contact details to provide you with information relating to our services, seminars and newsletters. Should you not wish to receive such information, please notify our Marketing Manager, again as named on our Website.

26.3 We are keen to ensure that any personal information we hold about you should remain accurate and up to date. Therefore, please let us know if there are any significant changes to your personal details.

27 Professional Indemnity Insurance

27.1 We maintain professional Indemnity Insurance covering our actions as lawyers in England and Wales with AIG Europe Limited, who can be contacted at:

AIG Europe Limited
The AIG Building
58 Fenchurch Street
London
EC3M 4AB

28 Conclusion

28.1 If you continue to instruct us in this matter it will amount to your acceptance of these Terms of Business. Even so, we ask you to please confirm that you agree to them by signing and returning the confirmation of receipt of client care letter and terms of business which is attached as the final page of this document. We can then be confident that you understand the basis on which we will act for you. Please then retain your copy and keep it in a safe place. It is an important document.

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